Sudeshwar Sah v. The State Of Bihar And ORS

Patna High Court CWJC No.12710 of 2016 (2) dt.15-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12710 of 2016 ====================================================== Sudeshwar Sah Son of Late Gaya Sah resident of village - Gopalpur, P.S. - Naubatpur, District - Patna.

.... .... Petitioner

Versus

1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.

2. Director, Primary Education, Department of Education, Bihar, Patna.

3. Regional Deputy Director of Education, Tirhut Division, Muzaffarpur.

4. District Programme Officer, Establishment, Muzaffarpur. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Hriday Prasad, Adv. For the Respondent/s : Mr. Madanjeet Singh, GP20 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 15-11-2017 Heard learned counsel for the parties.

It is not in dispute that the order of dismissal, impugned at Annexure 10, is appealable. The petitioner without exhausting the appellate forum has rushed to this Court. In the circumstances, the writ petition is disposed of with a liberty to the petitioner, if so advised, to avail of the statutory remedy so available to him to question the dismissal order before the appropriate forum and it goes without saying that any such appeal being filed by the petitioner within a period of four weeks from today together with a petition for condonation of delay shall be considered by the appellate authority and be disposed of in accordance with law within a period of three months from filing of such appeal.

(Jyoti Saran, J) Surendra/- U